Retail store ordered to pay employee €15k compensation

A WEST Cork retail store has been ordered by the Equality Tribunal to pay €15,000 compensation to an employee for failing to accommodate her return to work following an illness.

The Equality Tribunal ruled that Murphy’s Stores in Castletownbere, Co Cork, had discriminated against worker Lynda Sullivan on grounds of disability over the manner in which it facilitated her return to work following a back operation.

Ms Sullivan claimed she was fit to return to work with certain restrictions, while Murphy’s stated it was not willing to allow her to return to her job until she was deemed fit to take up a full list of duties.

Under the Employment Equality Act, a person with a disability is considered fully competent and capable of performing their duties provided they can do so with the provision of special treatment or facilities that do not give rise to more than a nominal cost to their employer.

The tribunal said it was not satisfied that the measures taken by the store were appropriate to establish the true position of Ms Sullivan’s disability and its implication for her possible return to work. It also criticised the store for not sharing its own doctor’s report with Ms Sullivan which it said was “at odds” with her doctor’s assessment.

A Chinese restaurant in Cork, China Gold, based on St Patrick’s Street, was ordered to pay €1,500 to a visually impaired woman after she was informed that she would not be allowed bring her guide dog into the restaurant.

Meanwhile, the tribunal ordered a Dublin storage firm, Trailercare Holdings of Robin Hood Industrial Estate, Clondalkin, to pay €40,000 to a former bookkeeper after it discriminated against her on grounds of gender.

The claimant, Deborah Healy, said she was discriminated against directly on the grounds that she had become pregnant.

The tribunal ordered the Spar grocery in Clarehall, Dublin, to pay €10,000 to a Nigerian employee after it ruled he was fired as duty manager of the store on grounds of race.

Children’s book author Corina Guyn was awarded €3,000 after the tribunal ruled that Aer Arann had discriminated against her on grounds of disability. The airline refused to allow Ms Guyn to board a flight from Cork because it was unhappy the battery of her mobile scooter did not comply with safety standards.